Vote Bundle Text (950127-04)

Amendments proposed to the Railways Bill, As Amended - continued	House of Commons

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Mr Secretary Darling

Page 48, line 44 [Clause 44], at end insert—

'(4A) In subsection (4), "appropriate authority"—

(a)	in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—

(i)	funding in relation to the provision of Scotland-only services,

(ii)	Scottish majority funding in relation to cross-border services, or

(iii)

funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,

means the Scottish Ministers;

(b)	in any other case, means the Secretary of State.

(4B) For the purposes of subsection (4A)(a)(ii), a person provides Scottish majority funding in relation to particular services if—

(a)	the person is—

(i)	a body established by or under an Act of the Scottish Parliament, or

(ii)	a body which has its principal office in Scotland, and

(b)	in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.'.

Mr Secretary Darling

Page 50, line 29 [Clause 46], at end insert—

'( ) After subsection (11) insert—

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

Page 50, line 38 [Clause 47], at end insert 'and the Mobility and Access Committee Scotland (MACS)'.

Mr Secretary Darling

Page 56, line 10 [Clause 53], at end insert—

'( ) After section 119(5) of that Act insert—

"(5A) The Secretary of State may give an instruction under this section for the protection of a relevant asset that is wholly in Scotland, or of persons or property on or in such an asset, only if—

(a)	the asset would be a relevant asset even if railway did not have its wider meaning for the purposes of this section; or

(b)	the instruction is given in the interests of national security.

(5B) In subsection (5A) the reference to an instruction given in the interests of national security includes a reference to any instruction given for the purpose of ensuring that protection against terrorism is provided to the asset, persons or property in question."

( ) In section 119(11) of that Act, after the definition of "specified" insert—

"'terrorism' has the same meaning as in the Terrorism Act 2000 (c.11) (see section 1 of that Act);".'.

Mr Alex Salmond
Pete Wishart
Annabelle Ewing
Mr Michael Weir
Angus Robertson

Page 58, line 27 [Clause 58], at end insert—

'(4) Schedule (Other Amendments) has effect.'.

NEW SCHEDULE

Mr Alex Salmond
Pete Wishart
Annabelle Ewing
Mr Michael Weir
Angus Robertson

NS1

To move the following Schedule:—

'Other Amendments

Scotland Act 1998

(1) The Scotland Act 1998 is amended as follows.

(2) In Schedule 5, section E2 Rail Transport, under Exceptions insert—

"The subject matter of the Railways Act 2005.".'.

Mr Secretary Darling

Page 66, line 17 [Schedule 1], leave out 'Secretary of State' and insert 'Strategic Rail Authority'.

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Dr Gavin Strang Mr Harry Barnes

Page 72, line 26 [Schedule 1], leave out sub-paragraph (2) and insert—

'(2) Leave out subsections (2) and (3) and insert—

"(2) The Secretary of State and Scottish Ministers must each promote the provision of staff concessionary travel for all staff employed by—

(a)	railway passenger companies,

(b)	railways freight companies,

(c)	Network Rail,

(d)	rail infrastructure, renewals and signalling companies and

(e)	any other companies responsible for functions previously undertaken by British Rail.

(3) The Secretary of State and Scottish Ministers must enter into agreements of other arrangements concerning the provision of staff concessionary travel for all staff employed by—

(a)	railway passenger companies,

(b)	railways freight companies,

(c)	Network Rail,

(d)	rail infrastructure, renewals and signalling companies or

(e)	any other companies responsible for functions previously undertaken by British Rail.".'.

John McDonnell
Mrs Ann Cryer
Mr Robert N. Wareing
Frank Cook
Mr Gwyn Prosser
Mrs Helen Clark
Mr Robert Marshall-Andrews

Lynne Jones Dr Gavin Strang Mr Harry Barnes

Page 79, line 31 [Schedule 2], at end insert—

'(9) The Secretary of State shall guarantee to undertake re-skilling and re-training programmes for employees affected by the provision of this Bill and shall avoid compulsory redundancies that arise from the transfer of functions from the Strategic Rail Authority (SRA) to any other body.'.

Mr Secretary Darling

Page 87, line 44 [Schedule 3], at end insert—

'Regulatory Reform Act 2001

13A

The effect of the preceding provisions of this Schedule is to be disregarded in determining for the purposes of section 1 of the Regulatory Reform Act 2001 (power by order to make provision reforming law which imposes burdens) whether any provision of the 1974 Act falls within subsection (4)(a) of that section (provision amended by Act within previous two years).'.

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

Page 93, line 25 [Schedule 4], leave out subsections 1G (1) and (2), and insert—

'1G The Office of Rail Regulation shall in conducting an access charges review consider representations made by the Secretary of State and by Scottish Ministers but without prejudice to the right of the Office of Rail Regulation to make such decisions as it believes are appropriate in the interests of railway activities in Great Britain as a whole.'.

Mr Elfyn Llwyd

Page 109, line 13 [Schedule 7], at end insert—

'(1A) In this Schedule, "a proposal" should be construed so as to allow for persons consulted to comment on possible alternative options including ones for the enhancement and development of railway services.'.

Mr Elfyn Llwyd

Page 110, line 29 [Schedule 7], at end insert—

'(ia)

the Environment Agency;

(ib)	the Scottish Environmental Protection Agency;

(ic)	the UK Sustainable Development Commission;

(id)	the Commission for Integrated Transport;'.

Mr Elfyn Llwyd

Page 110, line 44 [Schedule 7], at end insert—

'(5A) There shall be a duty on any person consulted under this Schedule to provide a reply in writing to the person carrying out the consultation within 8 weeks of the date of receiving the notice of consultation.'.

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

Page 113 [Schedule 8], leave out line 36 and insert—

'(a)	he has made all such enquiries as are reasonable in the circumstances, and'.

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

Page 113, line 40 [Schedule 8], at beginning insert 'reasonably'.

Mr Elfyn Llwyd

Page 114, line 19 [Schedule 9], at end insert—

'"(ba)

where the relevant assets by reference to which the bye-laws are or were made are all Welsh assets, the National Assembly for Wales;

(bb)	where some but not all of those assets are Welsh assets or include assets that are used partly in Wales and partly elsewhere, the Secretary of State and the National Assembly for Wales; and".'.

Mr Elfyn Llwyd

Page 114, line 37 [Schedule 9], at end insert—

'(4) In sub-paragraph (1) "Welsh asset" means—

(a)	an asset that is permanently situated in Wales; or

(b)	an asset that is used only in Wales.

(5) In the case of bye-laws in relation to which both the Secretary of State and the National Assembly for Wales are the appropriate national authority—

(a)	anything that must be done under this Schedule in relation to those bye-laws by the appropriate national authority must be done by them both, acting jointly;

(b)	anything that may be done under this Schedule in relation to those bye-laws by the appropriate national authority may be done only by them both acting jointly; and

(c)	any requirement of this Schedule in relation to those bye-laws to send something to the appropriate national authority is complied with only if that thing is sent both to the Secretary of State and to the National Assembly for Wales.'.